Case Law Database

Drug offences

Offences

• Offering/ offering for sale/ sale/ brokerage

Substances Involved

• Cocaine
• Diamorphine
• Amphetamine

Participation in an organized criminal group

Offences

• Agreement to commit a serious crime (conspiracy)

Operation JUNKO

Fact Summary

During 2004/2005 the United Kingdom experienced a massive increase in the availability of Class A Drugs (primarily cocaine) at street level. This increase however, was proportionally inverse to the purity of the drugs and forensic examination identified that the drugs had been cut with pharmaceutical chemicals primarily but not exclusively Benzocaine and Lidocaine.

Benzocaine and Lidocaine have a number of legitimate uses in the human and animal medicine field and some minor applications in the manufacturing of plastics.

The use of the two substances was viewed as a new trend and the benefits of there use was explained by a number of experts. The chemicals in question are both mild anaesthetics and when mixed with the controlled drugs gave a similar numbing effect. In addition, the substances were both members of the “caine” chemical family and would mimic each other when subjected to the process of preparing crack cocaine from cocaine. This process requires the drug to be heated, burning off the impurities and making the substance more potent. If a drug dealer were to buy a kilo of cocaine cut for example with fifty percent glucose then the heating process would burn away the glucose leaving the dealer with only half a kilo of crack. The same kilo cut with Bezocaine or Lidocaine would not reduce in volume and subsequently the profits available by cutting the cocaine with the chemicals mentioned would greatly increase.

The United Kingdom threat assessment for cocaine importation is set at forty tonnes per year at eighty percent ( 80%) purity at the point of importation. Street seizures during the period of the investigation revealed purity to be as low as ten percent (10%). It is believed that the chemicals imported by the OCG had potentially doubled the amount of cocaine available to the end user.

In response to the threat various UK law enforcement agencies seized chemicals and made a number of arrests of persons involved in the importation/distribution of the chemicals. The possession and onward supply of these cutting agents is not in itself a criminal offence and it was quickly established that bringing charges and a successful prosecution against those involved would be extremely difficult.

Advice from the Crown Prosecution Service was that any realistic chance of prosecution would have to establish that those involved had the requisite knowledge and intent from the outset to supply the chemicals to drug dealers.


The OCG comprised of the three main individuals, however, over 30 individuals were arrested in connection with this enquiry, all involved to a lesser degree with transport and money laundering. There were twenty-two separate UK linked seizures of drugs, cash and firearms the majority of which lead to prosecutions made by SOCA and its law enforcement partners. The three named individuals were jointly engaged in the importation of chemicals being used to adulterate and bulk significant quantities of controlled drugs. It has been established that between 2005 and 2008 these three men imported approximately forty tonnes of chemical cutting agents. The Home Office Forensic Science Service estimated a realisation value to the United Kingdom illicit drugs trade of between 3.5 and 14 billion pounds.

Greaves was instrumental in arranging money transfers in excess of £100,000 from his vehicle sales company to legitimate importers of chemicals. He then falsified his accounts to hide these transactions.

Commencement of the Investigation

In November 2006 Dorset Police searched a premise in the Bournemouth area and recovered significant quantities of cocaine with a street value of 1.5 million pounds and cash totalling 1.7 million pounds. The drugs were found to be at various stages of adulteration. Also recovered were a number of barrels of the chemical Lidocaine and it was established that the premises were being used on an industrial scale to cut/mix cocaine.

From markings on the barrels a legitimate supplier was identified in the Brighton area who when visited stated he had supplied the chemicals to an Andrew BLOMLEY who he believed had a chain of chemist shops in the North West of the UK. It was apparent that he had supplied these and other barrels of chemicals to BLOMLEY and was currently in the process of delivering a further shipment of sixty drums each weighing ( 25 kgs ) twenty five kilos (total 1.5 tonnes ) It was quickly established that BLOMLEY was a false identity giving sufficient grounds to instigate further enquiries.

Due to geographical nature of the enquiry primacy of the investigation went to the Serious Organised Crime Agency and was given the name Operation JUNKO. This Operation was also, to link with Project Kitley within SOCA. The initial objectives being

1. Identify the OCG’s importing or using such chemicals, the structure and logistics of their criminal business and also the full nature and scale of the criminality.

2. Ensure the effective co-ordination of collaborative working arrangements and engagement of relevant partners in the UK and abroad based on shared knowledge, common interest and mutual support.

3. Build knowledge of the finances of these OCG’s, including the identification of assets, accounts and use of criminal profits as well as money laundering methods and use of specialists and thereby:-

a. Inform Project Kitley with a clear picture of the scale of cutting agents use in the illegal supply of class A drugs in the UK, including an understanding of the finances involved.

b. Identify a number of OCG’s and disrupt or dismantle them by operational activity.

c. Reduce the amount of such chemicals available for sale to individuals in the UK

d. Conduct an intelligence assessment examining the acquisition, importation and use of cutting agents.

e. Conduct a systematic forensic analysis of seized class A samples to identify cutting agents.

f. Seek opportunities for operational deployment by SOCA or partner agencies with a view to disrupting or dismantling OCG’s engaged in this trade.

g. Seize class A drugs and consignments of cutting agents

h. Seize criminal assets.

Some of these objectives were subsequently altered or prioritised differently due to ethical and legal implications the main ones being:-

The decision to allow cutting agents to run on potentially into the hands of drug dealer and down the supply chain to the public.

The importation of such chemicals was not in itself illegal.

Advice was immediately sought from the Crown Prosecution Service and a Senior Advocate was allocated to the investigation. From the outset there was close liaison between the case team and CPS,

Initially a controlled delivery was made to the OCG in the North of the UK and the composition of this organisation slowly established utilising conventional surveillance, telecommunications analysis and financial analysis. A forensic and technical strategy was also developed whereby any consignment which was identified as destined for this OCG would be uniquely marked and on occasions technical equipment deployed.

The forensic marker would allow all individual barrels found later at the site of drugs seizures to be identified as those supplied by the OCG and thus establishing the breadth and scale of the operation.

The deployment of technical equipment would assist in finding such sites and establishing that these random barrels were only ever destined for illicit purposes and thus there was never any intention to supply these chemicals to licit users. These sites or cutting houses were often found during the course of normal law enforcement activity and linked back to the SOCA enquiry after intelligence dissemination and educational inputs to such organisations.

This strategy subsequently identified 22 such seizures throughout England and Scotland often accompanied with cash and firearms.

It was hoped that this evidence could then be turned against the OCG to secure a conviction.

Surveillance surrounding the delivery of the barrels identified BLOMLEY as Jamie Stephen DALE who operated a business making diesel from waste oil products, none of the chemicals subject to the enquiry are used in this process.

It also identified two further males having access to the barrels of chemicals.

John CAWLEY was seen on a number of occasions moving and delivering barrels. It was also later proven that he was involved in depositing cash payments and obtaining storage space using false details.

Barry HARTLEY, who has previous drugs convictions, was seen in possession of the barrels and in meetings with other known drug dealers.

Account monitoring orders were placed on these individuals and their businesses. On occasions cash deposited by them was seized and forensically examined. This determined that the large quantities of cash were originating with sources involved in the drugs trade due to the significantly high traces of controlled drugs found on the notes. This type of monitoring also assisted in establishing the impending dates of chemical importations together with their value, method of payment and source.

To support the investigation a number of expert witnesses were identified who provided the knowledge surrounding the illegitimate and the legitimate uses of the chemicals, among those used were experts in forensic toxicology, medicine, dental anaesthetics, veterinary health, fish farming, plastics manufacturing and bio diesel production. In addition to these an expert in chemical engineering was tasked with providing a report on the overall manufacture and consumption of the said chemicals.

The findings of this report indicated that the amount of chemicals imported by this OCG represented twenty percent of the global production over the period of the conspiracy. Furthermore, the Forensic Science Service used the data they held on the national trends of drug seizures to estimate that the realisation value of the chemicals imported by DALE would generate a profit at street level between 3.5 and 14 billion pounds.

Analysis of telecommunications data, although time consuming, proved essential in provenancing the fact that DALE was using false identities and established numerous opportunities to gather supporting evidence of his connections and influence.

DALE, the head of the OCG, had no previous convictions and so a bad character officer was appointed to establish evidence of misconduct of the OCG and those individuals they were observed to meet with. This built up a formidable picture of a cutting agent OCG holding regular meetings with known and convicted drug suppliers.

In excess of three thousand witness statements were obtained to both support evidence of the importation and distribution of the chemicals and negate any potential defences of legitimacy that might be proffered by the OCG.

Based upon all the evidence including the seizures, expert witnesses, financial irregularities, false

identities and the bad character of individuals linked to the investigation a comprehensive advice file

was submitted to the Crown Prosecution Service.

The reviewing lawyer from Crown Prosecution Service supported the findings of the advice file and agreed that the investigation had sufficient grounds to arrest and interview those involved.

In July 2008 SOCA officers assisted by over two hundred police officers from across the region arrested DALE, HARTLEY, CAWLEY together with more than a dozen others and search warrants were executed at multiple premises.

During the searches large quantities of cash were recovered along with mobile telephones, computers, electronic storage devices and documentation.

DALE disputed his involvement with drug dealers and stated he was a legitimate business man, he denied using or being connected to any of the false identities.

John CAWLEY made no reply throughout his interviews.

Barry HARTLEY also disputed his involvement in criminality stating he used the chemicals to medicate his show jumping horses (this being rebutted by the equestrian veterinary expert) Examination of the seized cash identified it to be heavily contaminated with controlled drugs and evidence gleaned from mobile phones and computers further pointed to DALE being BLOMLEY.

The Crown Prosecution gave a positive decision to charge the three based upon the following.

The sheer amount of chemicals being imported by the OCG. (20% of the global production.)

The lack of any business records or legitimate customers for the chemicals in question.

The twenty two linked seizures of drugs, cash and firearms and a number of ancillary prosecutions by SOCA and our law enforcement partners.

Telephone evidence connecting one or all three of the suspects with the above drug dealers.

The expert evidence of the legitimate and illegitimate uses of the chemicals

The cash rich lifestyle enjoyed by the three including expensive jewellery, properties, holidays and vehicles.

Money recovered from the suspects being heavily contaminated with controlled drugs.

The previous bad character of HARTLEY and the third party bad character of the people who he met.

Evidence of surveillance officers who overheard snippets of conversation relating to drugs.

The staggering realisation value of several billion pounds set by the FSS.

Much of the above evidence was circumstantial when looked at in isolation however, when considered collectively it clearly demonstrated the guilty knowledge and intent required to support a successful prosecution.

Based on the types of drugs recovered at the different seizures all three were charged with conspiracy to supply class A and class B drugs under section ( 4 ) of The Misuse of Drugs Act 1971 and section 1( 1) of the Criminal Law Act 1977.

The final prosecution file was paginated at over ten thousand pages and in excess of thirty thousand items of unused material had to be considered and categorised.

Commentary and Significant Features

Relevance of the case

Operation Junko was the first large scale investigation within the UK which targeted individuals who were supplying chemicals specifically for use by high level drug dealers to cut with controlled drugs mainly, but not exclusively, of class A. These drugs were then sold on and, after further dilution in many cases, reached the street dealers and the public.

At the inception of this investigation the possession, sale, purchase and distribution of these chemicals were lawful and the chemicals themselves had other legitimate uses. It was suspected and later proved that the subjects of this enquiry bought the chemicals on the open market from legitimate companies based in the UK and abroad in China and India. They then supplied them to wholesale drug dealers who themselves either imported or bought controlled drugs at a high purity. By cutting the controlled drugs with the chemicals supplied by this OCG they were able to maximise their profits. Thus at least twice the quantity of the controlled drugs became available on the streets of the UK but at a lower concentration. This OCG imported approximately 40 tonnes of chemicals over 3 years and when cut 1:1 with controlled drugs produced a minimum of 80 tonnes for onward supply. The conservatively estimated street value being £3.5 billion.

There was no evidence that any of the chemicals imported by this OCG were supplied to any legitimate individuals or companies for a licit use however, this type of evidence alone was insufficient to mount a successful prosecution.

Operation Junko was the first concerted attempt to gain the requisite knowledge and intent of such individuals and employed new strategies and techniques together with old fashioned investigation. The size and scale of the investigation is only comparable to the size and scale of the importation and distribution of these chemicals and such enquiries are not to be undertaken lightly. Co-operation was required across law enforcement boundaries and with various agencies within these areas both in the operational activity and file preparation for trial.

Lessons learned

This enquiry was initiated by a county police force and was subsequently adopted by SOCA due to the potential size and scale of the operation and the potential harm such increases in drug availability may cause to the UK. Initially it was viewed by some as a useful tool in gathering intelligence and identifying high level drug dealers. As the investigation progressed and the enormity of the criminal enterprise became apparent the focus shifted towards prosecuting those involved and target hardening the UK from such trade.

Possession of these chemicals was lawful and they were not controlled by any statutory provision.

Once the investigation was underway advice was sought from the Crown Prosecution Service as to the most likely and appropriate offences to be considered. This influenced the direction of the enquiry and established without doubt the extent of the evidence which would be required. Continued liaison with the CPS was most beneficial. The defendants were eventually charged with conspiracy to supply class A and class B drugs, namely cocaine, heroin and amphetamine. Confiscation proceedings have been initiated to recover the proceeds of this OCG’s criminality.

These offences were based on using the usual provision of the UK law relating to controlled drugs.

This investigation illustrated that those who believed themselves to be operating in an ambiguous and untouchable area could be successfully prosecuted using established legal provision and new ways of working. Often these tactics presented an ethical and practical challenge.

Although these chemicals fell outside of the controlled drugs legislation senior SOCA officers were uneasy with letting the consignments run to the OCG and onto the illegal UK drugs market however, without doing so evidence of the offences charged would have been near impossible to prove. This dilemma was solved with the introduction of a new forensic strategy to track and later identify the product without having to reveal the detail of the methods used. Early suggestions regarding additives to the chemicals presented their own ethical questions in relation to SOCA’s culpability should any single person be affected down the supply chain. Other techniques were subsequently successfully used which addressed both of these issues.

Target hardening of the UK in relation to this form of criminal enterprise continues however, significant gains have been made in raising the profile of such criminality through the interaction of the case team with witnesses, experts and industry.

The links with Operation Kitley must also be acknowledged for their valuable input and collaboration with industry and regulatory bodies to build knowledge and inform actions to be taken in this grey market. Due diligence forms sent to importers of such chemicals in the UK requesting details of the importer, customer details and proposed use of the chemicals are proving effective.

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)

Offending

Details

• occurred across one (or more) international borders (transnationally)
• involved an organized criminal group (Article 2(a) CTOC)

Involved Countries

United Kingdom of Great Britain and Northern Ireland

Investigation Procedure

Involved Agencies

• Devon and Cornwall Police Force
• Serious Organised Crime Agency (SOCA)
• local UK Police Forces and HMRC / UK Border Agency

Confiscation and Seizure

Comments

Following the arrest of the defendants Restraint Orders were obtained under s41 Proceeds of Crime Act preventing the defendants and third parties dealing with any realisable property that may be subject to confiscation following the criminal prosecution.

Cash located at the time of the defendants arrest was seized under s294 Proceeds of Crime Act 2002 and subsequently ordered to be detained by a Magistrates Court Order. An application is now underway to have this cash forfeited as recoverable property under s298 Proceeds of Crime Act 2002.
Following the conviction of 3 defendants a timetable was set for confiscation of realisable
property and orders were made for the provision of financial information from the defendants under s18 Proceeds of Crime Act 2002. A subsequent confiscation hearing will seek to obtain confiscation orders against all 3 defendants.

 

Special investigative techniques

• Electronic or other forms of surveillance
• Undercover operation(s)/ Assumed identities/ Infiltration
• Controlled delivery
• Special investigative techniques

Comments

The investigation was initially undertaken by the Devon and Cornwall Police Force who initiated a line of enquiry regarding the cutting agents found at the location of a large drugs seizure. Officers quickly established the potential for a large scale investigation and liaised with the Serious Organised Crime Agency ( SOCA ).

The investigation was then conducted at Branch level in the South West then transferred to a similar team in the North having established that the OCG were operating in the North West. Due to the extended time frame of the investigation many of the individual officers involved changed however, the principal officers remained the same.

John WRIGHT – Senior Investigating Officer ( SIO )

Ray HORROCKS – Case Officer and Deputy SIO

Tracey HOLBROOK – Financial Investigator ( FI )

Les JONES – Financial Investigator ( FI )

Dependent on the operational objectives, local UK Police Forces and HMRC / UK Border Agency were utilised as required throughout.

Other special investigative techniques:
- Forensic marking of product
- Covert searches
- Telecommunications analysis including forensic cell site analysis
- Bank account monitoring
- Working alongside UK partners
- Expert witnesses
- Forensic accounting advice

 

International Cooperation

Involved Countries

Switzerland

Netherlands (Kingdom of the)

Measures

• Extradition
• Mutual legal assistance
• International law enforcement cooperation (including INTERPOL)
• Joint Investigation

Outline

Enquiries were made to identify assets held abroad by the defendants using a Europol Asset Tracing Request and request for financial intelligence were made through The Egmont Group of Financial Intelligence Units.

These requests were followed by a request for assistance to Spain under the provisions of the European Convention on Mutual Assistance in Criminal Matters. Officers travelled to Spain and evidence of financial transactions and assets was obtained to be used in the confiscation proceedings.

 

Procedural Information

Legal System:
Common Law
Latest Court Ruling:
Court of 1st Instance
Type of Proceeding:
Criminal

His Honour Judge MARSON when sentencing commended the case team for the prosecution and gave a Judges Commendation to the Senior Investigating Officer, Case Officer and Analyst who had presented the complex telephone evidence.

He also implemented Serious Crime Prevention Orders severely restricting the defendants from committing similar crimes on their release.

The prosecution was unique in the fact that it had been successful regardless of the three had never themselves dealt or under took to deal in any controlled drugs in this case.

A significant amount of property remains restrained and a confiscation hearing date has been set for dates in 2012.

Throughout the investigation the case team have engaged with numerous legitimate chemical producers and suppliers both in this country and abroad. All those who have been in contact with the investigation have seriously target hardened their sales process and implemented a “know your customer” policy.

The UK Border Agency have seriously tightened the rules around the importation of a number of chemicals and now sets a threshold limit on the amount being allowed into the United Kingdom without attracting law enforcement interest.

The operational case team have assisted several ACPO and SOCA investigations and the “JUNKO model” has been used in several subsequent prosecutions. The expert witness statements now form part of a centrally held library of good practice.

The case and its results have been presented on a personal basis to The Home Secretary and The Attorney General and has been identified nationally as an example of judicial excellence.

 
 

Defendants / Respondents in the first instance

Defendant:
Jamie Stephen DALE
Gender:
Male

Head of the OCG

Defendant:
John CAWLEY
Gender:
Male

Storage / transport

Defendant:
Barry HARTLEY
Gender:
Male

Criminal conduit / transport

Hartley had already been sentenced to 5 years imprisonment for offences relating to the supply of MDMA which was found upon his arrest in 2008.

Defendant:
John GREAVES
Gender:
Male

Money launderer

Charges / Claims / Decisions

Defendant:
Jamie Stephen DALE
Legislation / Statute / Code:

section 1( 1 ) of the Criminal Law Act 1977 and section 4 ( 3 )( a ) of the Misuse of Drugs Act 1971

Charge details:

CONSPIRACY TO SUPPLY A DRUG OF CLASS A namely Cocaine

Verdict:
Guilty
Legislation / Statute / Code:

section 1( 1 ) of the Criminal Law Act 1977 and section 4 ( 3 )( a ) of the Misuse of Drugs Act 1971

Charge details:

CONSPIRACY TO SUPPLY A DRUG OF CLASS A namely diamorphine

Verdict:
Guilty
Legislation / Statute / Code:

section 1( 1 ) of the Criminal Law Act 1977 and section 4 ( 3 )( a ) of the Misuse of Drugs Act 1971

Charge details:

CONSPIRACY TO SUPPLY A DRUG OF CLASS B namely amphetamine

Verdict:
Guilty
Term of Imprisonment:
18 years
Defendant:
John CAWLEY
Legislation / Statute / Code:

section 1( 1 ) of the Criminal Law Act 1977 and section 4 ( 3 )( a ) of the Misuse of Drugs Act 1971

Charge details:

CONSPIRACY TO SUPPLY A DRUG OF CLASS A namely Cocaine

Verdict:
Guilty
Legislation / Statute / Code:

section 1( 1 ) of the Criminal Law Act 1977 and section 4 ( 3 )( a ) of the Misuse of Drugs Act 1971

Charge details:

CONSPIRACY TO SUPPLY A DRUG OF CLASS A namely diamorphine

Verdict:
Guilty
Legislation / Statute / Code:

section 1( 1 ) of the Criminal Law Act 1977 and section 4 ( 3 )( a ) of the Misuse of Drugs Act 1971

Charge details:

CONSPIRACY TO SUPPLY A DRUG OF CLASS B namely amphetamine

Verdict:
Guilty
Term of Imprisonment:
15 years
Defendant:
Barry HARTLEY
Legislation / Statute / Code:

section 1( 1 ) of the Criminal Law Act 1977 and section 4 ( 3 )( a ) of the Misuse of Drugs Act 1971

Charge details:

CONSPIRACY TO SUPPLY A DRUG OF CLASS A namely Cocaine

Verdict:
Guilty
Legislation / Statute / Code:

section 1( 1 ) of the Criminal Law Act 1977 and section 4 ( 3 )( a ) of the Misuse of Drugs Act 1971

Charge details:

CONSPIRACY TO SUPPLY A DRUG OF CLASS A namely diamorphine

Verdict:
Guilty
Legislation / Statute / Code:

section 1( 1 ) of the Criminal Law Act 1977 and section 4 ( 3 )( a ) of the Misuse of Drugs Act 1971

Charge details:

CONSPIRACY TO SUPPLY A DRUG OF CLASS B namely amphetamine

Verdict:
Guilty
Term of Imprisonment:
11 years
Defendant:
John GREAVES
Term of Imprisonment:
 8 Months